KALICHARAN MAHAPATRA vs STATE OF ORISSA

The Supreme Court held that a retired public servant can still be prosecuted under Section 13(2) of the Prevention of Corruption Act, 1988, for offences committed while in service. The Court clarified that the definition of 'public servant' in Section 2(c) does not exclude those who have ceased to be public servants, and that the liability for offences committed arises at the time of the act, not at the time of prosecution. The appeal against the High Court's dismissal of the petition to quash the prosecution was therefore rejected, affirming the validity of the proceedings against the appellant.